STATE v. ROBERTS

No. 83.

235 S.E.2d 203 (1977)

293 N.C. 1

STATE of North Carolina v. Allen ROBERTS.

Supreme Court of North Carolina.

June 13, 1977.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., William B. Ray, Asst. Atty. Gen., William W. Melvin, Sp. Deputy Atty. Gen., Raleigh, for the State of North Carolina.

Henry D. Gamble, Durham, for defendant-appellant.


HUSKINS, Justice:

Defendant first assigns as error the denial of his motion to suppress the in-court identification of defendant by Miss Fahey. Defendant contends the prosecutrix saw her assailant for only two or three minutes during which time she was beaten about the face. Therefore, defendant argues, Miss Fahey is not competent to identify him as her assailant. This assignment is not supported by an exception duly taken at trial and therefore presents no question...

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